generalia specialibus non derogant

When a general law and a special law deal with the same matter, the special law prevails within its field, even if the general law is later in date, unless the later general law shows a clear intention to override it. The reasoning is that the legislature, having given specific attention to a subject, is not presumed to have undone that by general words enacted later.

The maxim is used both between statutes and between provisions of the same statute. It is a tool of harmonious construction, not a rigid rule; where the later Act contains a non obstante clause or an express repeal, that intention prevails. Students should contrast it with leges posteriores priores contrarias abrogant (later laws repeal earlier contrary ones), which gives way where the earlier law is the special one.

Example

Applying generalia specialibus non derogant, the court held that the limitation period in the special rent law governed, not the general provision in the Limitation Act.

See also

lex specialis derogat legi generali · leges posteriores priores contrarias abrogant · harmonious construction · repugnancy

Read more in the study notes

• Harmonious construction (Interpretation of Statutes and Principles of Legislation)